by Nicoletta Epaminonda

The Transparency in the Procedures to Make Public Decisions and Related Matters Law of 2022 (“Law”) was enacted on 17 February 2022 by the Plenary Session of the House of Representatives. The aim of the Law is to establish a framework for the implementation of transparency for public decision-making, in relation to issues that concern the executive or the legislative branches of government, so as to deter circumstances that may allow or facilitate acts of corruption.

The latest available version of the Law’s text (which has not yet been published in the Official Gazette of the Republic) provides, inter alia, for the following:

• The Independent Authority Against Corruption (IAAC) is the competent authority for exercising the powers and competences referred to in the Law
• The Law is applicable to any representative of a special interest group that intends to become involved in public-decision making (with some exceptions)
• A Register is to be kept by the IAAC, containing details of such representatives
  • Such representatives are to submit their details to the IAAC for inclusion on the Register prior to becoming involved in proceedings that involve public decision-making
  • Further details concerning the application for inclusion in the Register are included in Annex I of the Law
  • If an application for inclusion in the Register is rejected, the applicant can re-apply
  • Inclusion in the Register implies compliance with the Code of Conduct to be issued by the IAAC
  • if a person who has an obligation to provide their details for inclusion on the Register does not do so, and becomes involved in public decision-making, this is a criminal offence
• The Register is to be made freely available on the IAAC’s website (some exceptions apply)
• Within the first two weeks of every March, and within the first two weeks of every September, every person on the Register must submit to the IAAC a report in relation to any involvement it had in public decision-making which took place during the previous six months
  • This report is to be submitted in a format that the IAAC prescribes (further details are in Annex II of the Law)
  • Non-submission of such a report may be a criminal offence
• A person included in the Register can be removed if:
  • it applies for removal;
  • it did not have any involvement with public decision-making for two (2) continuous years;
  • it is subject to bankruptcy / liquidation
  • it is convicted by a competent court for a relevant criminal offence
  • the IAAC decides to do so (in accordance with Part II of the Law)
• Persons included in the Register and persons who are not obliged to submit their details for inclusion in the Register are, inter alia, allowed to:
  • receive information concerning the executive and/or legislative branch of government and relating to the sector or special interest group which they have declared
  • take part in a consultation relating to the sector or special interest group which they have declared
  • request a meeting with a government official who, by virtue of his or her position, has the responsibility to begin or amend the content of a public decision that relates to the sector which they have declared
• When becoming involved in public decision-making, persons included in the Register and persons who are not obliged to submit their details for inclusion in the Register are, inter alia, obliged to:
  • show a form of identification
  • show proof of authorisation if acting for a legal person and declare the name of the legal person as well as their relationship with it
  • declare the special interest group on behalf of whom they are involved
  • declare the object of their involvement and result which they are hoping to achieve
• Government officials are obliged to keep records of communications with persons included in the Register and persons who are not obliged to submit their details for inclusion in the Register, and such records are to be signed by both parties involved
  • Such records are to be submitted to the IAAC within two months from the date of the communication
  • Should the person included in the Register and/or person who is not obliged to submit their details for inclusion in the Register refuse to sign the record, the reasons for refusing to do so are to be noted
  • government officials who do not submit such records may be committing a criminal offence
• Government officials are to declare conflicts of interest in public decision-making, declare them to the IAAC and recuse themselves from the relevant decision-making
  • Such declarations may be posted on the IAAC’s website (without always including the specific reasons)

NOTE: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any subject matter. You should not act on the basis of any content included in this article without seeking legal advice.